Joint Mortgage - One partner refuses to pay

Proteus

This is my first post but its quite urgent. This isnt me who has the problem but my parents.


My mother and father have a joint mortgage and currently live in the same property. Both are employed.
The payment of the mortgage to the lender is paid via direct debit from my mother's bank account on a monthly basis. Previously my father's income would be paid into my mother's bank account on a monthly basis.

However, since December 2012 to present, my father has stop his income being paid into my mother's bank account and has kept his income to himself (only he has access to his income/bank account).

He has not given any money to my mother to pay the Mortgage even though it is a joint mortgage. As a result my mother is severe financial difficulty having to pay a mortgage and household bills on just one income. My mother and father still live in the same property despite his instance not to pay any money towards mortgage or household bills.

My enquiry is if Mother will have a case to claim against my father for non-payment of his share of the mortgage? My mother is currently still paying the mortgage on her own and yet my father will still legally own half the house.

This is a difficult situation because of the fact of both are on the joint mortgage. I've tried everything to get my father to pay but he wont (there is other issues).

Any help will be greatly appreciated in this matter.

ValHaller

Well, there are things you can do like court, but lawyers always come off best. So the first question is whether father realises that his credit record will be trashed, which will curtail his options substantially.

simpywimpy

I would advise your mum to go to a free half hour appt with a solicitor nd see where she stands. I realise you say there are other issues so maybe a good time to get legal advice.

Would it be possible to contact the mortgage provider to ask for a short term payment holiday to give her time to sort things out?

kingstreet

As this is a joint mortgage, "joint & several" liability applies. Each party is responsible for 100% of the debt and its repayment.

The only option is legal action which would involve the forced sale of the property.

Right now, by paying, your mother is maintaining his credit worthiness, as well as her own. If she does not pay, the lender will take action against both of them to repossess after putting arrears markers on both their credit files.

Not paying may be emotionally satisfying, but will hurt her as much as him in the long run.

Legal advice needed.

Proteus

Thanks for the advice guys. My father's credit records is already quite low due to past financial issues, however he does already own a house which he bought years ago. He is aware he could lose but he knows my mum will pay the mortgage as she doesnt want to lose the house so he not bothered at all.

I'm think a payment holiday would be the best option right now but slightly afraid she wont get it accept as her credit score is also quite low (was turned down for loan yesterday). She never missed a mortgage payment and has around 6 years before it fully paid off so it might happen.

Think legal advice is the only way to go. All I (and mother) want is for my father just to pay his share (he doesnt contribute to any bills and yet still lives there). I'd love to ring the police and get him kicked out but he legal owns the house so it would be near impossible. It's a real nightmare.

R_P_W

So are they no longer together?

Sounds like your dad needs a good talking to.......